HomeMy WebLinkAboutResolution 3509, Amending rules of procedures
COMMISSION RESOLUTION NO. 3509
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF
CITY COMMISSION BUSINESS.
WHEREAS, the City Commission has adopted its rules of procedure in written form; and
WHEREAS, these rules of procedure are contained in Commission Resolution No. 3105,
adopted on March 4, 1996; and
WHEREAS, these rules of procedure were revised by Commission Resolution No. 3122,
adopted on June 3, 1996; and
WHEREAS, these rules of procedure were subsequently revised by Commission Resolution
No. 3294, adopted on June 7, 1999; and
WHEREAS, these rules of procedure were subsequently revised by Commission Resolution
No. 3363, adopted on June 5, 2000; and
WHEREAS, these rules of procedure were sUbsequently revised by Commission Resolution
No. 3395, adopted on September 18, 2000; and
WHEREAS, these rules of procedure were subsequently revised by Commission Resolution
No. 3396, adopted on September 25, 2000; and
WHEREAS, these rules of procedure were subsequently revised by Commission Resolution
No. 3428, adopted on March 5, 2001; and
WHEREAS, these rules of procedure were subsequently revised by Commission Resolution
No. 3436, adopted on April 9, 2001; and
WHEREAS, these rules of procedure were subsequently revised by Commission Resolution
No. 3438, adopted on April 16, 2001; and
WHEREAS, said rules are hereby revised to more accurately reflect the manner in which the
Commission currently conducts its business.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the rules of procedure, as contained in Exhibit "A", attached hereto
and by this reference
made a part hereof, are hereby adopted.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 11th day of February 2002.
ATTEST:
srd;~1-
~J~
R IN L. SULLIVAN
Clerk of the Commission
APPROVEb AS TO FORM:
i&f(/l~L?&q'
City Attorney
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EXHIBIT "A"
CITY OF BOZEMAN, MONTANA
CITY COMMISSION
RULES OF PROCEDURE
Adopted March 4, 1996
Revised June 3, 1996 ,
Revised June 7, 1999
Revised June 5, 2000
Revised September 18, 2000
Revised September 25, 2000
Revised March 5, 2001
Revised April 9, 2001
Revised April 16, 2001
Revised February 11, 2002
I.
AUTHORITY
Montana Code Annotated Sections 7 3 4323(3) end 7.5.4103 provide, that the Commission
may determine its own rules of procedure for meetings. The following set of rules
shall be in effect upon
their adoption by the Commission and until such time as they are amended or new
rules are adopted.
II.
ROBERT'S RULES OF ORDER
Unless otherwise specifically provided herein or provided by statute, all meetings and hearings
shall be conducted in accordance with Robert's Rules of Order, revised.
III.
COMMISSION MEETINGS
A.
Regular Meetings:
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hour of ~ S~:QQ p.m. until not later than ~ alSQ p.m. in the CommissionRoom of
the l\t1unic ipa I
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any regular meeting of the Commission falls upon a day designated by law as a legal
or national
holiday, such meeting shall be held at the same hour on the next succeeding day
not a holiday.
2. The time of the meeting may be extended by the Mayor or a majority vote of the
members of the Commission beyond the time specified above should additional matters
remain on the
Commission docket or agenda.
3. Any meeting of the Commission may be adjourned to a later date and time, provided
that no adjournment shall be for a longer period than until the next regular meeting.
B.
Public Hearings:
1. When a matter is required by law to have a public hearing, or when a matter is set for
a public hearing, upon motion of a City Commissioner, duly .~~fi9Jlded and passed,
all public hearings
will be held, following due notice at the hqYrQf7:QQp,m,;"iY.Nt()l"I~nvMql1daV
of the month or as
otherwise designated by the Commission, i*~ptt9l'.fitth:MQnQ~y6tttmmQnth, provided,
however,
that when the day affixed for any public hearing of the Commission falls upon a
day designated by law
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EXHIBIT "A"
as a legal or national holiday, such hearing shall be held at the same hour on
the next succeeding day
not a holiday.
2. Public hearings shall be held in the City Commission Room in the Municipal Building
located at 411 East Main Street, Bozeman, Montana, or in an alternative location
as duly noticed to the
public.
3. Any hearing may be rescheduled or adjourned to a later date and time.
C.
Work sessions.
:~::;, Work sessions shall be held in the City Commission Room in the Municipal Building
located at 411 East Main Street, Bozeman, Montana, or in an alternative location
as duly noticed to the
public.
f~'-':.lLaw
sessiOrisare to reviewHforthcoming programs ofthe City, receive progress reports
on current programs
or projects, view sites or community projects of interest, or receive other similar
information from the City
Manager. All discussions and conclusions thereon shall be informal and no formal
action may be taken.
Work sessions provid~J10infQrm~I~~ttingfQr."Q'$cq$sion of topics for which no formal
action is
immedic:l,tely required. t\t:thQ:Il#ijmil~iQn~~:di~iO;Ppublic comment may be received
during the work
sessionQ., at the Commission's discretion.
r:~j: The Commission is not bound by Robert's Rules of Order during work sessions.
D.
Optional Concept Reviews. The Commission may, at the request of a landowner, developer
or other interested party considering submittal of a development application, conduct
a concept review.
Concept review is an initial, informal exchange of ideas. The Commission's decision
on any formal
application will be based on staff findings, the applicable criteria, applicant
presentation, evidence
submitted and public testimony. Formal public comment will be received during review
of a formal
application; however, the Commission may, at its discretion, accept questions and
written comment from
the public during the concept reviews.
E. Optional Post Mortem Reviews. Post mortem review is a review by the Commission
of a
previous decision. Following action on any matter, the Commission may request a
post mortem review
to be scheduled at the next work session, to determine if revisions to code provisions
or other procedural
changes are needed to address concerns raised during consideration of the particular
agenda item.
IV.
AGENDA
All reports, communications, ordinances, resolutions, contract documents or other matters to
be submitted to the Commission, shall be submitted to the Clerk of the Commission
by 12:00 noon on
the Wednesday immediately preceding the next scheduled Commission meeting, provided,
however, that
the City Mani:lq~rmi:ly~pprove late submittals deemed to be in the City's best
interest. The Clerk of the
Commission~:m~M,ypr; and the City Manager shall arrange a list of such matters
according to the order
of business specified herein, and furnish each member of the Commission, City Manager,
and City
Attorney with a copy of the same prior to the Commission meeting on the Thursday
immediately
preceding the next scheduled Commission meeting. Copies of the agenda shall be
available from the
Clerk of the Commission and one copy shall be posted at the designated posting
board in the Municipal
Building for public viewing. Pursuant to Section 7-1-4135, MCA, the City Commission
designates as its
official posting place the posting board in the lobby of the Municipal Building
located at 411 East Main
Street, Bozeman, Montana.
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EXHIBIT "A"
V.
OPEN MEETINGS
Except for properly-called executive sessions as permitted by state law, all meetings
of the
City Commission shall be open to the public and media, freely subject to recording
by radio. television
and photography at any time, provided that such arrangements do not interfere with
the orderly conduct
of the meetings.
VI.
MAYOR AND MAYOR PRO TEMPORE
The presiding officer of the Commission shall be the Mayor. The Commission shall
appoint
a Mayor Pro Tempore. During the absence of the Mayor, the Mayor Pro Tempore shall
discharge the
duties and exercise the powers and authority of the Mayor. The presiding officer
shall preserve strict
order and decorum at all meetings of the Commission and confine members in debates
to the question
under consideration. The Mayor shall assign each Commissioner to a seat at the
commission table as
the Mayor deems advisable. Upon passing the gavel, the Mayor may move or second
any item of
business then before the Commission. The Mayor shall state. or cause to be stated,
every motion
coming before the Commission, announce the decision of the Commission on all subjects.
and decide
all questions of order. subject, however to an appeal to the Commission, in which
event a majority vote
of the Commission shall govern and conclusively determine such question of order.
The Mayor shall vote
on all questions with the Mayor's name being called last. The Mayor shall sign
all ordinances and
resolutions adopted by the Commission during his presence within two days after
the Commission
meeting at which they were adopted. In the event of the absence of the Mayor, the
Mayor Pro Tempore
shall sign ordinances or resolutions as then adopted.
VII.
CALL TO ORDER
The Mayor. or in his/her absence, the Mayor Pro Tempore, shall take the chair precisely
at the
hour appointed for the meeting. and shall immediately call the Commission to order.
In the absence of
the Mayor or Mayor Pro Tempore, the Clerk of the Commission shall call the Commission
to order,
whereupon a temporary chair shall be elected by the members of the Commission present.
Upon the
arrival of the Mayor or Mayor Pro Tempore, the temporary chair shall relinquish
the chair upon the
conclusion of the agenda item immediately pending before the Commission.
VIII.
LISTING OF ATTENDANCE
The Clerk of the Commission shall enter the names of those Commissioners present
in the
minutes.
IX.
QUORUM AND VOTING
A quorum shall consist of three Commissioners.
If a quorum is not present. those in
attendance shall be named and shall adjourn to a later time. The Clerk of Commission
shall reduce
motions to writing and, upon request, the motion shall be read prior to the vote.
The affirmative vote of
three Commissioners shall be necessary to adopt or reject any motion, resolution
or ordinance, or pass
any measure unless a greater number may be required by law. Upon every vote. the
ayes and nays shall
be called and recorded.
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EXHIBIT "A"
X.
PREPARATION OF COMMISSION AGENDA
The City Manager shall prepare the Commission agenda.
XI.
MINUTES
Minutes of all meetings shall be recorded. Minutes shall be approved by the Commission.
It
shall not be necessary to formally read the minutes prior to approval. Such minutes
may be revised by
the Clerk of the Commission to correct spelling, numbering and other such technical
defects. Prior to
approval, any Commissioner may, through the Mayor or the Clerk, request the privilege
of amending or
correcting the minutes to accurately reflect the substance of the prior meeting.
If objection is made by
any Commission member to such amendment or correction, a majority vote of the Commission
shall be
necessary for adoption of the correction or amendment.
XII.
RULES OF DEBATE
1. Every Commissioner desiring to speak shall address the Chair, and upon recognition
by the presiding officer, shall confine discussion to the question under debate,
avoiding all personalities
and indecorous language.
2. A Commissioner, once recognized, shall not be interrupted when speaking unless
it
is to be called to order, or as herein otherwise provided. If a Commissioner, while
speaking is called to
order, the Commissioner shall cease speaking until the question of order be determined,
and, if in order,
the Commissioner shall be permitted to proceed.
3.
Order of rotation in matters of debate or discussion shall be at the discretion of the
Mayor.
4.
a. A motion to reconsider any action taken by the Commission may be
made on the day such action was taken. It may be made either immediately during
the same session, or at a recessed and reconvened session thereof. Such motion
shall be made by one of the prevailing side, but may be seconded by any
Commissioner, and may be made at any time and have precedence over all other
motions or while a Commissioner has the floor; it shall be debatable.
b. Nothing herein shall be construed to prevent any Commissioner
from making or remaking the same or any other motion at a subsequent meeting
of the Commission, but the matter must be an agenda item.
5.
Any Commissioner who has a conflict of interest as defined by the Code of Ethics
previously adopted or as may be amended by the City Commission or as established
by the laws of the
State of Montana or as advised by the City Attorney shall not participate in the
debate nor vote in that
matter. Any Commissioner attempting to so participate may be censured by a majority
vote of the
remaining members of the City Commission. ("Censured" is defined as a formal resolution
of the
legislative body reprimanding a member for specified conduct. An official reprimand
or condemnation.)
6. After a motion, duly made and seconded, by the Commission, no person shall address
the Commission without first securing the permission of the Chair.
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EXHIBIT "A"
XIII.
ORDER OF PRESENTATION AND PUBLIC PARTICIPATION
IN REGULAR MEETINGS AND PUBLIC HEARINGS
1.
The procedure in which items are presented to the Commission shall be as follows:
a. The City Manager shall present the agenda item to the Commission.
b. The City Staff may present a background report on the matter for
discussion. If the agenda item is a public hearing, the public hearing will be
opened
prior to staff presentation. The presidif'lg officer may explain tRe Rcaring
preeeelLlres anel may limit tRe lengtR of a speaker3 prescntation Of tC3timony,
provided all speakers similarly situated are treated tRe same. A representative
of
a neigRbofRood or otRer greup, speaking 6n beRal' of the neighborhood or group,
may be given more time tRan individual speakers.
Commis;i'on. .liiIWi~Milf8iitiiirliijlri~'~~~iri.(~~1r'~~t
d. After being recognized by the Chair, a Commissioner may direct
questions to the staff or applicant.
e. Members of the audience or their agent may be invited to present
testimony or other evidence beginning with those in favor of the proposal, then
from
those opposing the proposal and then from anyone desiring to comment. To be
recognized, each person desiring to give testimony shall step to the lectern and,
after being recognized, give his or her name and address before testifying,
commenting or presenting other evidence. l1epresentati'v'es of fleighbofRoods or
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f. After being recognized by the Chair, a Commissioner may direct
questions to any person so testifying for purposes of clarification.
g. FolIQWinqpppliccomment, the applicant and staff shall be given the
opportunity to rebttt 9>mgMQo any testimony or other evidence.
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t:- Ii After being recognized by the Chair, a Commissioner may direct
questions limited to the rebuttal testimony and evidence for clarification only.
t.J~. The presiding officer, City Manager, Clerk of Commission or City
Attorney shall read into the record all correspondence received, to include the
public hearing sign-up sheet.
k:-I. Except for public hearings, the Commission may continue the
discussion to a date certain, close discussion and vote on the matter, or close
the
discussion and continue the vote to a date certain.
t.ffl~ If the agenda item is a public hearing, the Commission, after
presentation of all comments, testimony and evidence, may continue the public
hearing to a date certain to allow additional information to be submitted, close
the
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EXHIBIT "A"
public hearing to discuss and vote on the matter, or close the public hearing for
receiving written public comment and testimony pending the continued discussion.
If the Commission chooses the close the public hearing and continue to accept
written public comment, the written comment must be received in the Clerk of
Commission's office by 12:00 noon on Thursday of the following week and
preceding the next scheduled meeting for the agenda item. The Commission may
elect to shorten or lengthen this time period or elect not to receive any written
comments. The Commission, upon the request of a Commissioner who is to be
absent from a meeting at which a public hearing on a particular item of interest
is
scheduled, shall reschedule the public hearing until a full Commission is present,
unless precluded from doing so due to statutory time constraints.
2.
All testimony and evidence shall be directed to the Chair. No person, other than a
Commissioner and the person recognized as having the floor, shall be permitted
to enter into any orderly
and relevant discussion. No questions shall be asked of a Commissioner except through
the presiding
officer.
3.
The Commission may ask staff for its recommendation.
4. In the event the applicant does not appear at the scheduled time and place,
unless
the applicant has waived his or her appearance in writing, and which waiver has
been accepted by the
Commission, or unless the matter is submitted as a consent item, the matter may
be continued to the
next regular meeting, public hearing date, or other date certain.
5.
The Commission may appoint a hearing examiner to conduct the public hearing.
6. For all public hearings involving land use and annexation decisions, the Commission
will wait a minimum of one week before making a decision whenever requested by
a member of the
Commission unless a decision is required due to a statute, ordinance or other law.
7.
Commissioners are urged to state the reasons for their decisions, particularly on land
use issues; the record must reflect reasons for all decisions involving zoning
variances.
8.
Witnesses may be required to testify under oath.
9.
The Commission shall not be bound by the strict rules of evidence, but may exclude
irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence.
10. The Chair shall rule on all questions relating to the admissibility of evidence
with
advice from the City Attorney, which ruling may be overruled by a majority vote
of the Commission.
11.
A public hearing which has been formally closed for all public input may not be
reopened and no additional evidence or testimony from the public shall be received
or considered. If
additional information is required from the public before a decision can be made,
the Commission upon
motion duly made, seconded and passed, may call for an additional public hearing
which hearing shall
be duly noticed, specifying date, time place and subject matter of hearing. This
paragraph does not
preclude the Commission, after the public hearing, from asking questions of staff,
receiving additional
evidence from staff or, after a hearing held on a preliminary plat, pursuant to
Section 76-3-605, M.C.A.,
from consulting the subdivider about conditions or other mitigation required of
the subdivider.
XIV.
DECORUM
1.
While the Commission is in a session, the Commissioners must preserve order and
decorum, and a Commissioner shall neither, by conversation or otherwise, delay
or interrupt the
proceedings or the peace of the Commission nor disturb any member while speaking
or refuse to obey
the orders of the Commission or its presiding officer.
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EXHIBIT "A"
2.
Any person making personal, impertinent or slanderous remarks orwho shall become
boisterous while addressing the Commission shall be forthwith barred from further
audience with the
Commission by the presiding officer, unless permission to continue be granted by
a majority vote of the
Commission.
3. The Commission shall not debate, in a heated or argumentative manner, with a
member of the public presenting testimony during a public hearing or regular meeting.
4.
Speakers shall only address the agenda item before the Commission. Any person
speaking on an agenda item not before the Commission shall be called out of order.
XV.
BOARDS, COMMISSIONS AND COMMITTEES
Except for boards and commissions established by Statute, the Commission may create
boards, commissions or committees as determined necessary.
All City boards, commissions or committees will be established by the City Commission
and
members appointed following a public solicitation through the newspaper. Between
public solicitations
for members, appointments may be made to fill unexpected vacancies or vacancies
not filled through the
last round of advertisements. Subcommittees of existing boards, commissions or
committees may be
appointed by the City Commission without the necessity of public solicitation.
Members shall be
appointed by a majority of the Commission. In the case of statutorily authorized
mayoral appointments,
the Mayor shall seek the concurrence of at least two other Commissioners.
Balloting for said board, commission or committee appointments shall occur at a
regular
meeting.
XVI.
ORDINANCES AND RESOLUTIONS
1.
Preparation of the Ordinance. All ordinances and resolutions shall be prepared or
approved by the City Attorney. No ordinance or resolution shall be prepared for
presentation to the
Commission unless ordered by a majority vote of the Commission, requested by the
City Manager or
prepared by the City Attorney on his own initiative.
2.
Staff Review. The ordinances and resolutions shall, before presentation to the
Commission, be approved as to form and legality by th€!CUY.AttQIn€!Y~Dgf3hallhaV€!bg€!ne)!(arnin
~dang
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otherwise, all such instruments shall have first been referred to the head of the
department under whose
jurisdiction the administration of the subject matter of the ordinance or resolution
would evolve.
3.
Introduction and Passage. Ordinances and resolutions must be introduced by a
member of the Commission, City Manager or City Attorney; otherwise, ordinances
or resolutions shall
not be considered by the Commission.
a. A draft of the proposed ordinance shall be presented to the
Commission for review and comment unless the Commission has considered the
subject matter of the proposed ordinance in a different forum.
b. If the draft ordinance is approved by the Commission, it shall then
be placed on the agenda for first reading and provisional adoption, with second
reading and final adoption occurring at least twelve (12) days after the first
reading
and provisional adoption. After being provisionally adopted, the ordinance shall
be
posted in a conspicuous place in the Municipal Building, 411 East Main Street,
Bozeman, Montana, and copies thereof shall be available to the public from the
Clerk of the Commission. The reading of the ordinance's title and number shall
be
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EXHIBIT "A"
sufficient to constitute a reading and an actual oral pronouncement of each work
contained therein of the proposed ordinance or resolution is not required and shall
be waived unless required by a majority vote of the City Commission.
c.
All ordinances, except emergency ordinances, and resolutions shall
become effective thirty (30) days after final adoption. All emergency ordinances
shall become effective upon passage.
Revised by the City Commission of the City of Bozeman, Montana this 11 th day of
February
2002.
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